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2021 Supreme(MP) 682

MOHAMMAD RAFIQ, RAJEEV KUMAR DUBEY, VIJAY KUMAR SHUKLA
Bhopal Cooperative Central Bank Maryadit, Bhopal – Appellant
Versus
State of M. P. – Respondent


Advocates:
Smt. Shobha Menon with Rahul Choubey for petitioners in W.P. No. 4021/2019; Sanjay Ram Tamrakar for petitioners in W.Ps. No. 4915/2019 and 4919/2019; Rahul Deshmukh for petitioners in W.Ps. No. 4057/2019, 4339/2019, 5124/2019 and 6607/2019; Anil Lala for petitioners in W.Ps. No. 6038/2019 and 7518/2019; Naveen Dubey for petitioner in W.P. No. 7065/2019; Rajendra Kumar Shrivastava for petitioner in W.P. No. 5535/2019; R.K. Verma, Additional Advocate General for respondents/State; Ankit Saxena for respondent No. 6.

JUDGMENT

Rafiq, C.J:- 1. All these matters have been laid before the Full Bench upon a reference from a learned Single Bench of this Court vide order dated 25.4.2019, assuming conflict between the ratio of two judgments rendered by Division Benches of this Court, one in Writ Petition No.6913/2917-Brij Kumar Chanpuriya v. State of M.P. & others decided on 15.5.2017 and another in Writ Appeal No.551/2019-Anter Singh & others v. State of M.P. & others decided on 17.5.2019, for answering the following three questions of law:-

“1. Whether the order passed by the Division Bench of this Court in WP No.6913/2017 on 15.5.2017 lays down the correct law in regard to section 48-AA and section 50-A of the Act of 1960 or the order passed in Writ Appeal No.551/2019 affirming the order passed by the Single Bench of this Court in WP No.5033/2019?

2. Whether the provisions of section 48-AA and section 50-A of the Act of 1960 operates in a different sphere i.e. pre and post election of the Director?

3. Whether section 50-A of the Act of 1960 is a deeming provision for holding a Director of a society as disqualified or an opportunity of hearing is still required to be given as held by this Cour

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